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(영문) 광주지방법원 2021.03.18 2020고단6566
업무상과실치사
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates advertising business, such as banner installation, and the victim B is a father of the E who operates the "D" in Seo-gu, Gwangju.

On July 16, 2020, the victim requested the defendant again to change the location of the banner installed around April 2020 through the defendant and install an additional tent for forest use.

On the telegraph poles with the above banner installed, the high voltage line of 22,90 V is scattered, and the person engaged in the affairs such as the installation of banner has a duty of care to prevent contact with the high voltage line by installing the banner or the tent at the time of installing the banner or the tent so that the person who is in charge of the affairs, such as the installation of banner, etc., is installed safely so as not to be stuffed on the front pole, which is protecting the high voltage line, and there was a duty of care to prevent people adjacent to

Nevertheless, in order to prevent the installation of a screen, the Defendant caused explosion and fire by her negligence in contact with the high-tension line, and the Defendant’s damage caused by the fire. In order to extinguish the fire caused by the Defendant, the victim, who was placed in the said telegraph line, was reduced by 61% of the physical area of the body.

In the end, the Defendant caused the victim to die by the above occupational negligence from G hospital located in Cheong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju to a multiple organ with images, around 13:00 on August 17, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, E, and J;

1. A report on the occurrence of an accident (the injury caused by duty and accident);

1. A report on internal investigation (related to attachment of a written diagnosis of death of a victim B);

1. Application of statutes on site photographs;

1. Article 268 of the Criminal Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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